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10-08-1985 (City Council) Minutes CITY COUNCIL MEETING MINUTES ....., OCTOBER 8, 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , October 8 , 1985 at 7 : 00 P . M. in the Wylie Community Center . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Pro Tem Don Hughes , Councilmembers Percy Simmons , Randall Gaston , William Martin, Harold Spence and Joe Fulgham, City Manager Gus Pappas , City Secretary Carolyn Jones , Finance Director James Johnson, Public Works Director Bill Windham, Chief of Police Royce Abbott , Johnny Holley , Elayne Mayes and Scott Dorsey from Wylie News , Tome Mayes , Jim McKnight , John Seeley , Mike Cummings , Barron Cook and many other citizens . Mayor John Akin was out of town . Mayor Pro Tem Hughes called the meeting to order and Councilman Martin gave the invocation . APPROVAL OF MINUTES : There being no corrections or addition to the minutes , a motion was made by Councilman Spence to approve as submitted . Seconded by Councilman Gaston . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVE ANNEXATION ORDINANCE FOR 6 . 64 ACRES OUT OF THE L. K. PEGUES SURVEY , ABSTRACT 703 : This property is located on FM 544 and is owned by Texas Power and Light Company . The Planning and Zoning Commission and City Staff recommends approval . Motion was made by Councilman Gaston to approve the annexation ordinance for 6 . 64 acres out of the L. K. Pegues Survey , Abstract No . 703 . Seconded by Councilman Martin . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 6 . 64 ACRES OUT OF THE L. K. PEGUES SURVEY , ABSTRACT 703 : This property is owned by Texas Power and Light Company and zoning for this area is Agricultural . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 6 . 64 ACRES OUT OF THE L. K. PEGUES SURVEY , ABSTRACT 703 : This is the Texas Power and Light Company property and is being zoned Agricultural . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for Agricultural zoning . Seconded by Councilman Martin . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 3 . 69 ACRES OUT OF THE I . CLIFTON SURVEY , ABSTRACT 193 : This property is owned by Texas Power and Light Company , and is located on FM 544 . Motion was made by Councilman Gaston to approve the annexation ordinance . Seconded by Councilman Simmons . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 3 . 69 ACRES OUT OF THE I . CLIFTON SURVEY, ABSTRACT 193 : This property is owned by Texas Power and Light Company . Mayor Pro Tem Hughes opened the public hearing and said the zoning for this property is to be Agricultural , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 3 . 69 ACRES OUT OF THE I . CLIFTON SURVEY , ABSTRACT 193 : The Planning and Zoning Commission and the City Staff recommends approval of this zoning . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for Agricultural zoning . Seconded by Councilman Martin . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 18 .009 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is owned by Texas Power and Light Company and is located in the Steel Industrial Park. Motion was made by Councilman Martin to approve and sign annexation ordinance on the 18 . 009 acres out of the William Sachse Survey , Abstract 835 . Seconded by Councilman Gaston . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 18 . 009 ACRES OUT OF THE WILLIAIM SACHSE SURVEY , ABSTRACT 835 : This property is owned by Texas Power & Light Company and the proposed zoning is Industrial . This zoning is compatible with the surrounding ,B uses . Mayor Pro Tem Hughes opened the public hearing , there being no questions , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 18 .009 ACRES OUT OF THE WILLIAM SACHSE SURVEY ABSTRACT 835 : This property is owned by Texas Power and Light Company and the proposed zoning is for Industrial . Councilman Gaston asked why agricultural zoning on the other two parcels of land and industrial zoning on this parcel of land . City Manager said it was because there was industrial zoning surrounding this parcel of land and agricultural zoning around the other parcels . Motion was made by Councilman Gaston to approve and sign zoning ordinance for 18 .009 acres out of the William Sachse Survey . Seconded by Councilman Fulgham. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 17 . 1478 ACRES OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 : This property is located south of FM 544 and is adjacent to Regency Business Park . Motion was made by Councilman Gaston to approve and sign annexation ordinance for 17 . 1478 acres out of the William Sachse Survey , Abstract 835 . Seconded by Councilman Martin . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING FOR 17 . 1478 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located south of FM 544 and is adjacent to Regency Business Park . The proposed zoning is for Industrial . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 17 . 1478 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located south of FM 544 and is adjacent to Regency business Park . The proposed zoning is for Industrial . The Planning and Zoning Commission and the City Staff recommends approval . A motion was made by Councilman Fulgham to approve and sign zoning ordinance for 17 . 1478 acres out of the William Sachse Survey . Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . C `_ -p PUBLIC HEARING ON THE REZONING OF 10 . 3853 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is located between Highway 78 and Old Highway 78 (Brown Street) , commonly known as Wyndham Estates and is currently zoned Industrial . The developer wants to rezone a portion of Wyndham Estates from Industrial to Single Family -3 and Multi-family . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 10 . 3853 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY ABSTRACT 688 : This property is located between Highway 78 and Old Highway 78 (Brown Street) , and is commonly known as Wyndham Estates . The proposed zoning is for Single Family -3 and Multi-family . The Planning and Zoning Commission and the City Staff recommends approval . Motion was made by Councilman Gaston to approve and sign zoning ordinance for Single Family - 3 for 5 . 691 acres and Multi- family for 4 . 7672 acres . Seconded by Councilman Fulgham. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - abstained , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with five (5) in favor and one abstained . PUBLIC HEARING AND APPROVAL OF ZONING ORDINANCE FOR 30 ACRES OUT OF THE G . W. GUNNELL SURVEY , ABSTRACT 351 : This property is bordered on the east by FM 1378 and on the north and west by Lake Ranch Estates . City Manager Gus Pappas said that staff would like to ask that Council table these two items . This is due to the fact that Lake Ranch Estates was annexed on May 15 , 1985 and these residents did not receive a notice of the public hearing for the Planning and Zoning Commission meeting . The State Law requires that every resident within two hundred ( 200) feet and within the City limits be notified of any zoning hearings . No notices were sent out because no property owners were on the tax roll as of January 1 , 1985 . City Manager Gus Pappas said he agreed with the ruling , but would contact one of the property owners and inform him of the hearing . This property owner was informed prior to the Planning and Zoning Commission meeting . City staff then talked with the City Attorney and he agreed with City Manager Gus Pappas and Mrs . Jones , but said it would be better to back up and start this zoning process again . A motion was made by Councilman Martin to table items 16 and 17 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston . This motion carried with all in favor . PUBLIC HEARING ON THE ANNEXATION OF 11 . 265 ACRES OUT OF THE W. D . BARNETT SURVEY , ABSTRACT 56 : This property is located east of FM 1378 and south of Parker Road . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 7 . 5909 ACRES OUT OF THE MOSE SPARKS SURVEY, ABSTRACT 840 : This property is located on the north side of west FM 544 at the Wylie/Murphy city limits sign . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 3 ACRES OUT OF THE E. C . DAVIDSON SURVEY , ABSTRACT 266 : This property is located on the south side of West FM 3412 . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 2 . 97 ACRES OUT OF THE E . C . DAVIDSON SURVEY, ABSTRACT 266 : This property is located on the south side of West FM 3412 . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 45 . 182 ACRES OUT OF THE D. W. WILLIAMS SURVEY , ABSTRACT 980 AND THE A. ATTERBURY .••.. SURVEY , ABSTRACT 23 : This property is located on Elm Road east of the intersection of Elm Road and S . Ballard Street . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 124 . 849 ACRES OUT OF THE MOSE SPARKS SURVEY, ABSTRACT 849 : This property is located on the north side of West FM 544 in the vicinity of the Wylie/Murphy city limits sign . Mayor Pro Tem Hughes opened the public hearing , there being no questions or oppositions , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 83 . 28 ACRES AND 106 . 53 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on the south side of West FM 544 and west of Steel Industrial Park . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 95 . 49 ACRES OUT OF THE D. STRICKLAND SURVEY , ABSTRACT 541 : This property is located on the south side of W . FM 544 and is adjacent to the Hardcast property . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the public hearing was closed . "'"' PUBLIC HEARING ON ANNEXATION OF 1413 . 7274 ACRES OUT OF THE S . COOSE SURVEY , ABSTRACT 187 ; THE W. S . BOHANNON SURVEY , ABSTRACT 121 ; THE W. C . TWITTY SURVEY , ABSTRACT 918 ; THE L. B. HILL SURVEY , ABSTRACT 433 ; THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 AND THE W. H. MOORE SURVEY , ABSTRACT 638 : This property is located from approximately the East Fork site out into Lake Lavon with a Western border going North along the shoreline and Federal land to a point around Collin Park . Mayor Pro Tem Hughes opened the public hearing . City Manager Gus Pappas said there was some questions of the County objecting to the City taking over this area . Sheriff Box of Collin County said that the County has no problem with the City of Wylie coming into this area . Mayor Pro Tem Hughes asked if the money for this area will come to the City when this annexation is complete . Sheriff Box said this will be up to the City applying to the Corp . of Engineers for their share . The Corp . of Engineers has talked with City Manager Gus Pappas and said there will be no problem with the City getting their share of the funds . The City will gain personal property tax from Collin Park Marina and also sales tax from this property . Councilman Fulgham asked about liability to the City . Sheriff Box said the weekends would add to the traffic . Councilman Simmons asked how many officers the County had in this area . Sheriff Box said he could not tell us a certain number--on Friday one officer to a car and on Saturday and Sunday in the late afternoons and early night two officers to a car . Usually there is two cars that patrol this area . Sheriff Box said no more than two cars at any given time is on patrol in the lake area . Mayor Pro Tem Hughes asked Sheriff Box if he thought the city staff has the man power and knowledge to take care of this area . Sheriff Box said he knew we were qualified but he did not know how many was on our staff . Councilman Simmons asked if the police volunteer units could patrol this area . Chief Abbott said that the reserves could work this . Sheriff Box said he used reserves also . Councilman Simmons asked about the Highway Department . Chief Abbott said the Highway Department works the park areas . Councilman Spence asked Chief Abbott the plan he had for controlling drinking . City Manager Gus Pappas said this was Federal land and the City cannot tell the USA how to run their parks . Councilman Fulgham said the reason why he keeps asking about liabilities is due to the two articles in the newspaper . 1 ( +) Councilman Fulgham said he was trying to find out what liabilities the news media is speaking of . City Manager Gus Pappas said the annexation would be more of a responsibility instead of a liability . Mr . Hammer from the Corp . of Engineers said that on the contract of the law enforcement , they usually have a meeting with the Sheriff and work out the cost of the patrol units and the man hours involved . This spring there will be a gate at the entrance of the parks , this will allow the gate attendant to let in the number of cars that there is parking spaces for . Mayor Pro Tem Hughes called for any other questions , there being no other questions , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 1117 . 9 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 ; THE JON . CAMPBELL SURVEY , ABSTRACT 239 ; THE 0 . SHELBY SURVEY , ABSTRACT 54 AND THE M. PHELAN SURVEY , ABSTRACT 697 : This property if Federal land and is located near the East fork of the Trinity River North through the dam location into the water and West to approximately the East Fork Park site in and around Lake Lavon. Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition, the public hearing was closed . --� CONSIDER ORDINANCE FOR FARMER ' S ELECTRIC CO—OP FRANCHISE PROPOSAL: REpresentative from Farmer ' s Electric Co—op was mr . Mike Shurtleff . Mr . Shurtleff presented to the Council an ordinance for consideration . Councilman Simmons asked if the ordinance from FEC was asking the City to put all authority back to Public Utility Commission. Finance Director James Johnson said the Council could if they so choose , give up all their rights for imput on franchises and rate increase back to the Public Utility Commission . Mr . Johnson also told the Council that the City Charter gave them the right to over see all utility franchises and rate increase . Mr . Johnson is recommending to the Council not to give up their rights for imput on franchises and rate increases . The city staff recommends that Council rejects the franchise agreement that Farmers Electric has put before you . Mr . James Johnson went over the franchise agreement that the city staff was recommending to Council . Mr . Johnson said this franchise agreement follows the regulations set up by the City Charter , and addresses the service standards for utilities by allowing them to be set by the Council . It recommends policy to maintain utility cuts and easements and that the utilities be done at the utility company expense . Finally , it gives the Council full rate making authority over any rate proposals and the addressing of customer complaints . PRESENTATION BY MR. JERRY MORGAN FROM TEXAS POWER AND LIGHT COMPANY : Mr . Morgan is the District Manager for Texas Power and Light and said he was here to answer any questions that the Council might have for him. Councilman Simmons said he tried to call TP&L and got routed through the Irving Office , why is this . Mr . Morgan said the Wylie numbers go through Garland and TP&L has dropped a number of employees and combined some offices . All service questions will go through the Irving office at this time . Mayor Pro Tem Hughes said that the one thing Wylie did not have is a representative they can reach. Mr . Morgan said they do have a man in Wylie four days a week now. Councilman Simmons wanted to know where the man is coming from. Mr . Morgan said he comes from Garland , it would be about a thirty minute (30) response time . Mayor Pro Tem Hughes wanted to know if there was a plan to have a man work out of the Wylie office . Mr . Morgan said they would have a person to work service calls . City Manager Gus Pappas wanted to know that if in the planning of TP&L would there be a time in or point of growth that would warrant Wylie to have a crew working out of the Wylie office . Mr . Morgan said this was not in their plans so far as he knew. Mr . Morgan said that the TP&L office in Wylie would always have someone working in it as far as the office went . Councilman Simmons wanted to know what happened a few months back when the power would go off every day for a short period of time . Mr . Morgan said he was aware of this , it was from contractors digging in the lines . Councilman Martin said due to the growth is our equipment being overload and is TP&L not upgrading the system at all . Mr . Morgan said that TP&L was upgrading the system and that one section in Wylie has been upgraded and another phase will be done soon . City Manager Gus Pappas said there used to be a TP&L representative come by City Hall and pick up plats , but it has been some time since anyone has been in . Mr . Morgan said they would start coming in . Mr . Morgan said that TP&L has not added to the general system in Texas since 1981 . This is a problem with all the growth in the Texas area . Texas Power & Light will not be 9 able to provide power to all the growth in Texas unless they are able to generate the monies needed . Mayor Pro Tem Hughes asked if this problem is due to PUC cutting back rate increases . Mr . Morgan said it was a lot of things not just one thing . TP&L has to file with PUC prior to doing any building or new generating of power plants and PUC says yes or no . TP&L can do nothing until PUC gives their answer . "APPROVED FOR CONSTRUCTION" PLANS FOR RUSTIC OAKS IV : The Planning and Zoning Commission and city staff recommends this plat for approval . Motion was made by Councilman Simmons to approve for construction Rustic Oaks IV . Seconded by Councilman Spence . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT FOR REGENCY BUSINESS PARK: The Planning and Zoning Commission and the city staff recommends this plat for approval with stipulation that Regency and Capital streets be completed so as to continue into the next subdivision if and when it is developed . City Manager Gus Pappas pointed out that Capital Street was greater in length than the subdivision ordinance would allow. After checking this out , there is now where the street can go without being this length . Motion was by Councilman Spence to approve the preliminary plat with the stipulation that the two streets be completed out to the end of the subdivision. Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT FOR CRESCENT COVE SOUTH : The Planning and Zoning Commission and the city staff recommends this preliminary plat for approval . Motion was made by Councilman Gaston to approval preliminary plat for Crescent Cove South . Seconded by Councilman Spence . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT FOR WESTGATE ADDITION : The Planning and Zoning Commission and the city staff recommends the preliminary plat for Westgate Addition for approval with the stipulation that the through street connecting FM3412 and FM544 be a 65 foot right-of-way with 37 feet of paving . ` ''a 1 Mr . Kent Flynn , Mr . Billy Thompson , and Mr . Bill Baker were present to represent the development of Westgate . Mr . Flynn gave the presentation which included pictures of the types of duplexes and homes that would be built in this area . This development is proposing 370 units in multi-family and this is considerably less than the density in the zoning ordinance . Mr . Baker told the Council that the reason for the 60 ' R-O-W and the 36 ' of pavement instead of the 65" R-O-W and 37" of pavement was to discourage thru traffic . A representative from the Birmingham Farms land said that Mr . Flynn called them and asked them to move a road over to the west side of the Westgate addition so as that their road the the road from Westgate would meet . The developers for Birmingham Farms Land did this and now Mr . Flynn is presenting a plat with the road through the middle of The Westgate addition . This developer would like more consideration to re-aligning this street . The developer of the Birmingham Farms Land would like for Council to table this plat until this road is worked out . Motion was made by Councilman Gaston to table this plat until the road could be worked out . Seconded by Councilman Simmons . The vote was as follows : Mayor Pro Tem Hughes - a-,M in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . Councilman Spence said he hated to see problems with developers and this was the first the City has had of this size . APPROVAL OF GROUP LIFE AND HEALTH INSURANCE PLAN FOR CITY EMPLOYEES : The City staff received three proposals for group health and life insurance for the city employees . The first was from TML , which is the current insurance carrier for the City , and this proposal was the same as last year with no rate increases . The second and third proposals are from N . C . Jefferies Inc . , which quoted premiums but also stated these premiums were subject to change . After reviewing the proposals , staff recommends the continuation for another year of the current contract with TML. Motion was made by Councilman Spence to approve the TML contract for health and life insurance for one more year . Seconded by Councilman Fulgham. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . 196 ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR POINTE NORTH : The staff recommends approval of the public improvements for Pointe North . All test results are in and are good . Motion was made by Councilman Gaston to approve public improvements for Pointe North . Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - abstained , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with five (5) in favor , and one ( 1) abstention. There was no citizen participation or council discussion at this time . Motion was made by Councilman Gaston to convene into Executive Session under the authority of Article 6252-17 of V .A.C . S . Section 2 paragraph "g" personnel matters . Seconded by Councilman Martin . All Councilmembers were in favor . Mayor Pro Tem Hughes reconvened the meeting into open session . Mayor Pro Tem Hughes stated that during the executive session , Council discussed the pay increase for the Fire Marshal . Council stated that in accordance with the City Charter , the City Manager should have the responsibility of �. all city employees , this can be found in Article 6 , paragraph B. Motion was made by Councilman Simmons to instruct the City Manager that the Fire Marshal shall report to him on all matters including his pay increases he might be seeking . Seconded by Councilman Fulgham. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . Motion was made • adjourn and all were in favor . A F Wry &Th' i SEAL w Do u s , Mayor Pro Tem ATTEST : \tralli)IdE, TE ' . woo 4.7/71e Caroly one ity Secretary ""